Jan M. Adler
Judge Adler no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Adler decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security appeals, an administrative law judge who discounts a claimant's credibility must give reasons that are clear and convincing; where the stated reasons do not meet that standard, the proper disposition is a remand for the ALJ to reconsider credibility, even on cross-motions for summary judgment. A claimant who can show the ALJ leaned on weak or contradicted credibility findings has a concrete remand argument.
“The Court recommends that the ALJ should reconsider Plaintiff's credibility upon remand.”
Procedural preferences
State-prisoner habeas petitions filed outside the AEDPA one-year statute of limitations are recommended for dismissal as time-barred; the limitations defense is treated as dispositive where the petitioner cannot show a basis for tolling, and the dismissal can be with prejudice.
“Magistrate Judge Jan M. Adler's Report and Recommendation (‘R&R’) concludes this matter should be dismissed with prejudice as time-barred”
On ineffective-assistance claims, trial counsel's strategic decisions -- such as declining forensic testing or an expert whose testimony could cut against the defense -- receive heavy deference under Strickland, and a habeas petitioner must overcome the presumption that the challenged choice was sound trial strategy.
“counsel's conscious choice not to obtain a GSR test for the victim's clothing should be given a heavy measure of deference”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On August 23, 2007, Magistrate Judge Jan M. Adler filed a Report and Recommendation (‘R&R’), recommending the Court deny the petition. Petitioner has filed objections. Following de novo review, the Court adopts in full the R&R and DENIES the petition.”
“On November 21, 2008, United States Magistrate Judge Jan M. Adler issued a Report and Recommendation recommending that this Court grant Respondent's motion and dismiss the Petition as time-barred under AEDPA. ... the Report and Recommendation (Doc. # 18) is ADOPTED in its entirety and Respondent's Motion to Dismiss (Doc. # 16) is GRANTED. The Petition for Writ of Habeas Corpus is DISMISSED.”
“Magistrate Judge Jan M. Adler's Report and Recommendation (‘R&R’) concludes this matter should be dismissed with prejudice as time-barred, with judgment entered accordingly. ... IT IS HEREBY ORDERED the R&R is adopted, the Motion To Dismiss is GRANTED, and the Petition is DISMISSED WITH PREJUDICE, terminating this action in its entirety.”
“On February 15, 2013, United States Magistrate Judge Jan M. Adler issued a Report and Recommendation (‘Report’) recommending that this Court grant Plaintiff's motion for summary judgment and deny Defendant's cross motion for summary judgment. ... the Court accepts Magistrate Judge Adler's recommendation, and ADOPTS the Report in its entirety ... the Court GRANTS Plaintiff's motion for summary judgment ... and REMANDS the case to the Social Security Administration”
“DENIES Defendant's cross motion for summary judgment [Doc. 12]”
“IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 21) is adopted in its entirety. The motion for summary judgment (ECF No. 16) filed by Plaintiff is granted. The amended cross-motion for summary judgment (ECF No. 20) filed by Defendant is denied. The case is remanded for a calculation and award of SSI benefits.”
“The Report and Recommendation, expressly incorporated herein, thoroughly and thoughtfully analyzed Plaintiff's claims and recommended that Defendants' motion to dismiss (Doc. No. 17) be granted in part and denied in part... the court hereby adopts the Report and Recommendation in its entirety. Defendants' motion to dismiss is granted in part and denied in part, as detailed in the Report and Recommendations.”
“IT IS HEREBY ORDERED that the Report and Recommendation (Doc. # 69) is ADOPTED. The Motion to Dismiss Plaintiff's First Amended Complaint filed by Jeanne Woodford and Gerald Janda (Doc. # 33); the Motion to Dismiss Plaintiff's First Amended Complaint filed by Jeanne Woodford, Gerald Janda and M Bourland (Doc. # 44); and the Motion to Dismiss Plaintiff's First Amended Complaint filed by Jeanne Woodford, Gerald Janda, M Bourland, and J Giurbino (Doc. # 58) are DENIED. All claims against Sergeant Rutledge are DISMISSED.”
“In a Report and Recommendation filed on January 22, 2007, Magistrate Judge Adler recommended that the Court grant Defendants' Motion to Dismiss Plaintiff's Complaint and Strike Plaintiff's Claim for Punitive Damages. No objections were filed. The Court agrees with the Report and Recommendation and adopts it as the decision of the Court. Defendants' Motion to Dismiss Plaintiff's Complaint and Strike Plaintiff's Claim for Punitive Damages is GRANTED, and Plaintiff's Complaint is DISMISSED WITH PREJUDICE.”
“For the reasons set forth below, this Court ADOPTS the R&R and DENIES the Petition in its entirety.”
“Petitioner's objections are OVERRULED and the R&R is hereby ADOPTED. The writ of habeas corpus is DENIED.”
“Instead of responding to these arguments a second time, the court adopts the R & R in its entirety. The Clerk of Court is instructed to enter judgment in favor of Defendants and against Plaintiff.”
Caseload & timing
From public federal docket records for this judge.
Across the sampled assigned/consent civil cases, durations ran from roughly six months to about three years, clustering near a year and a half; the record also shows a heavy border criminal-duty docket that turns over in days. This describes the mix of matters before the judge, not how he tended to rule.
A historical record
Judge Adler no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.